E.K.KESAVAN Vs. THOMAS

JUDGEMENT

(1.) This appeal is at the instance of the complainant in CC No.595 of 2001 on the file of Judicial First Class Magistrate Court-II, Sulthan Bathery, challenging acquittal of the accused under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as "the NI Act'), vide judgment dtd. 3/5/2002.

(2.) The case of the complainant is that the accused purchased ginger from him for a sum of Rs.94,500.00 during 1996. He failed to pay that amount, in spite of repeated demands. Finally, he issued Ext.P1 cheque for that amount, assuring that it would be honoured on presentation before the bank. But the cheque was returned dishonoured for the reason "funds insufficient'. Complainant sent registered lawyer notice to the accused intimating dishonour of the cheque, and demanding the cheque amount. In spite of receipt of notice, the amount has not been repaid, and hence the complaint.

(3.) On taking cognizance, and on appearance of the accused before the trial court, particulars of offence was read over and explained, to which he pleaded not guilty and claimed to be tried. PW1 was examined and Exts.P1 to P6 were marked from the side of complainant to prove his case.